Description
Book SynopsisInternational Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution. Particularly, this paper presents a roadmap over the historical context within which investor-State arbitration developed. It provides an overview of the main actors, the protections afforded to foreign investors, the content of modern BITs, and the challenges facing the system today.
Table of ContentsContents International Investment Law and Arbitration: History, Modern Practice, and Future Prospects Ian A. Laird, Borzu Sabahi, and Giovanna E. Gismondi Abstract Keywords I. Introduction II. Forces that Shape the System of Investment Protection and Promotion III. Genesis of the Law: Protection of Aliens Abroad, Gunboat Diplomacy, Minimum Standard, and Diplomatic Protection IV. Protection through Peaceful Means of Settlement of Disputes: Hague Conferences, PCIJ, ICJ V. Post-World War II: Promotion and Protection of Private Capital Flows VI. FCN and BIT Programs and Recognition of Foreign Investors’ Right to Directly Submit Claims to International Arbitration without Espousal or Exhaustion of Local Remedies VII. Content of Modern BITs VIII. Scaling Back Protections and Backlash IX. Conclusion Bibliography
